Terms and Conditions

What some words mean:

So that we can be completely clear, here are some words we use which have specific meanings:

"Account Holder" means a sole trader or company which has a zistemo.com account (generally this will be you business, or if you are an accountant, the business which you are advising);

"zistemo.com account" means a current subscription to The Service;

"The Service" means our zistemo.com software which is accessed and used via our password protected websites;

"us" "we" and "our" refers to DAYquiri GmbH, a company registered in Switzerland with registered number CH-290.4.017.586-2 and having its registered office at Freier Platz 10, 8200 Schaffhausen;

"you" means you, the person who accesses and uses this website and/or The Service;

"your Data" means any data entered or uploaded by you while using The Service.

Creating and accessing a zistemo.com account

How to apply:

In order to access and use The Service, a zistemo.com account must first be created. You can apply for a zistemo.com account to be created by submitting your details on our "sign up" page.

Formation of a contract:

If we accept an application for the creation of a zistemo.com account, we will confirm this by email and at that point a legally binding contract will be created between the Account Holder and us. If you apply for a zistemo.com account to be created, you must
therefore ensure that you are authorised to enter into this contract for and on behalf of the Account Holder. The contract will be concluded in the English language and the provisions of these Terms of Service shall govern our agreement with the Account Holder and you.

Errors in information you gave us:

If you made any mistakes in the details you gave to us when
applying for a zistemo.com account, these errors can be corrected by
accessing The Service and using the "update" function on the "Settings -
Company Details" pages.

Refusal to create an account:

We reserve the right, at our discretion, not to accept an
application to create a zistemo.com account. This may be due to
technical constraints, because you or your business has been banned by
us from using The Service or for any other reason. No charge will be
made by us for declined applications.

How to access the account:

You will not be able to access and use The Service without a
username and password for a zistemo.com account. There are two ways
you can obtain these:

Once a zistemo.com account has been created, we will issue
the initial user (whose details were provided to us when the account was
applied for) with a username and password.

Additional users can obtain their own usernames and passwords if the
initial user accesses The Service and uses the "Add Staff", function on
the "Contacts" page. (Some subscription packages may have limitations
on the number of additional users which can be added - please check our
Pricing Page for details.)

Third party applications: Third party applications may, with your
permission, allow you to interact with The Service via the zistemo.com
API. In order to allow API access to your zistemo.com account please
refer to the instructions here.

Please note that:

You should only enable API access if you have the permission of the
Account Holder.
By enabling API access to your zistemo.com account you agree to the
zistemo.com API Terms on your own behalf and on behalf of the Account
Holder.
Any third party application which you use to access the Service has the
ability to access to your Data. Before using any third party
application, you should carefully assess whether or not you are happy
with the assurances provided by the developer regarding your privacy and
security. You can disable API access to your zistemo.com account at
any time by modifying your account preferences.
We accept no responsibility for any loss suffered by you as a result of
the use of any third party application to access The Service.

Your rights:

Your rights: If the business you represent (or which you are
advising) is an Account Holder and you are authorised by it to use The
Service, we grant you a non-transferable, non-exclusive licence to use
The Service in accordance with these Terms of Service.

Conditions: The above licence is strictly subject to compliance
with these Terms of Service by you (and by the Account Holder whose
zistemo.com account you are accessing and by all other users of that
zistemo.com account.)

Your obligations:

You must: only access an Account Holder`s zistemo.com account by
using a password and username which that Account Holder authorises you
to use; and only use The Service on behalf of the Account Holder whose
zistemo.com account you are accessing and solely for money management
purposes relating to that Account Holder`s own business which are legal.

You must not: do anything which could reasonably be expected to
damage, disable, overburden, or materially impair The Service or our
website generally or which is likely to interfere with any other party`s
use or enjoyment of The Service; question or dispute our ownership of the intellectual property
rights in The Service;
Security: The Account Holder is ultimately responsible for
administering and safeguarding any passwords created to control access
to its zistemo.com account: please keep any password issued to you
secure.

Paying for The Service

Subscription fee amount:

A subscription fee for use of The Service is payable monthly in
advance by the Account Holder. The subscription rates are posted on our
website and we may vary these from time to time: please see our Pricing
Page for the rates in force for the current month. Prices on our website are quoted in American Dollars and exclude VAT, which is also payable.
If you change your subscription package in the future, the change in the
subscription payment amount will take effect at the next billing cycle.

Free trials and beta trials:

No charge for use of The Service will be made during any ‘free
trial` period or any ‘beta trial` period. The Account Holder is not
however entitled to benefit from more than one ‘free trial` - if we
discover that more than one ‘free trial` has been requested, the Account
Holder will become liable for payment of the subscription fee for all
use of The Service made after the first ‘free trial` period.

Automatic renewal:

Once any ‘free trial` or ‘beta trial` period is over, we will
automatically renew the Account Holder`s subscription and bill them
every month using the credit or debit card details provided to us, until
the zistemo.com account is closed.

Non-payment:

We shall be under no obligation to provide The Service if the
subscription fee (plus VAT) is not paid to us on time. The Account
Holder must ensure that we have complete and accurate billing and
contact information throughout the subscription period, including the
full name of the Account Holder, its business address, and a billing
contact email address. If subscription fees become overdue, because for
example the Account Holder`s credit card has expired, we reserve the
right to suspend your access to The Service until the balance is paid
and we may close the Account Holder`s zistemo.com account permanently.

Fees for multiple accounts:

If you would like to use The Service to manage more than one
business, you will need to sign up for multiple accounts and pay the
subscription fee charged by us for each additional zistemo account.

Our VAT number is: CHE-204.579.244Who owns what

Rights in your data: The Account Holder has sole responsibility for
the accuracy and reliability of your Data. The Account Holder retains
ownership of any copyright, trade marks, database rights and any other
intellectual property rights it has in your Data (such as rights in its
logo, for example.) Intellectual property rights in your Data will not
be transferred to us. We reserve the right to disclose your Data to law
enforcement officials in the investigation of fraud or other alleged
unlawful activities but otherwise we will only use your Data to provide
The Service.

Rights in our software and our website: All copyright, database
rights, trade marks and other intellectual property rights in The
Service (including any such rights in our website) are either owned by
or licensed to us and nothing in these Terms of Service shall transfer
any ownership rights to you or to the Account Holder.

Third party features: All copyright, database rights, trade marks
and other intellectual property rights in any external data sources or
embedded third party services used in zistemo.com are the intellectual
property of the relevant third party provider.

Closing a zistemo.com account

Cancellation by you: You can close the Account Holder`s
zistemo.com account at any time by accessing The Service and using the
"Yes cancel my account" option on the "subscription" page. No further
subscription fees will be billed and no refund will be made of any
subscription fees already billed and paid.

Suspension and closure by us:

If you (or any other user of the Account Holder`s zistemo.com
account) fails to abide by these Terms of Service, or if payment of the
subscription fees is not paid on time, we reserve the right to suspend
your access to The Service or permanently cancel the Account Holder`s
zistemo.com account. If we withdraw access to The Service because
these Terms of Service have been breached, no refund will be payable by
us. We also reserve the right to close any zistemo.com account
(including during any ‘free trial` or ‘beta trial` period) for any
reason, by giving one months notice.

Disclaimer

IMPORTANT: This section restricts the extent to which we are liable
for any losses which may be suffered in connection with your use of The
Service. It also requires the Account Holder to compensate us for any
loss we suffer as a result of your failure to comply with these Terms of
Service.

No guarantees: We make no guarantee that The Service will be
suitable for your intended use, neither do we guarantee that it will be
error-free, timely, reliable, entirely secure, virus-free or available,
especially since we are dependent on the reliability of the Internet and
your use of your own computer to access The Service. We will try to
keep disruptions to a minimum but we may suspend The Service from time
to time to carry out maintenance and support work and to investigate
unauthorised use. The Service is not a substitute for a professional
accountant and any information presented does not constitute accounting
advice.

Exclusion of our liability: You use The Service entirely at your
own risk. We do not restrict our liability (if any) for personal injury
or death resulting from our negligence, for fraud committed by us or for
any matter which it would be illegal to limit or to attempt to
restrict. We exclude all other liability and responsibility for any
amount or kind of loss or damage arising in connection with The Service
(even if we have been advised of their possibility.)

Limitation of our liability: Where we are not legally entitled to
exclude our liability, our total liability for any loss or damage
relating to The Service (or to our website generally) shall not exceed
an amount equal to the subscription fees which the Account Holder has
paid to us in the previous month.

Liability to us: If you access The Service using a password created
to control access to the Account Holder`s zistemo.com account, then
the Account Holder shall be held liable for any reasonable costs and
expenses incurred by us as a result of breach of these Terms of Service
by you. Otherwise, you shall be personally be held liable for any
reasonable costs and expenses incurred by us as a result of breach of
these Terms of Service by you.

General legal matters

Entire agreement: These Terms of Service and our Privacy Policy
describe the entire agreement between you, the Account Holder and us
regarding The Service, and supersede any prior understandings or
agreements. The headings are for convenience only and shall not affect
the construction or interpretation of these Terms of Service.

Changes to this contract: We reserve the right to change these
Terms of Service from time to time and therefore we may impose new or
different terms and conditions on your use of The Service. These
additional terms will be posted here on our website and will be
effective from the Account Holder`s next monthly subscription. Therefore
you should regularly review this page to check for changes to these
Terms of Service. Your continued use of The Service will be deemed to
constitute acceptance by the Account Holder of all of the new terms.
These Terms of Service may not otherwise be changed without our written
consent.

Transfer of rights & obligations: We shall be entitled to
transfer our rights and/or obligations under these Terms of Service to
another party. Neither you nor the Account Holder may transfer any of
your rights or obligations under these Terms of Service without our
written consent.

Waiver and severability: If either you or we ignore any breach of
these Terms of Service, it doesn`t mean that any further breach cannot
be enforced. Similarly, if any part of these Terms turn out to be
invalid or unenforceable for some reason, then it will be replaced with a
provision which, as far as possible, achieves the same purpose as the
original, and the remainder of the agreement will still be binding.

Resolving disputes: These Terms of Service shall be governed by and
interpreted in accordance with Swiss law. If any party wants to take
court proceedings in relation to The Service, it must do so in
Switzerland. You are responsible for compliance with any applicable laws
of the country from which you use or otherwise access The Service.